Legal Question in Medical Leave in California

Employer under 50 employees

Have had an individual on staff for 5 years. She has contracted breast cancer. She wants to come back and we are looking forward to this but she will be going through chemotherapy and honestly, we just don't think that she will be working full-time or really at all during this time. Time off has ALWAYS been an issue with this individual (always taking time where none is accrued, being sick, ''having a bad day'', etc.) ongoing since the time she's worked with us. She had already taken all of her accrued vacation before this happened and has not been accruing any more as she has been out on disability. So.... when she comes back to work, and she needs to take more time off (not feeling well, etc.) what should we do? We are REALLY trying to be sensitive about this. We obviously don't want any ill will and wish this wasn't happening but in the meantime, there is a big hole and shoes to fill with this person being gone. ---trying to do the right thing.


Asked on 7/02/08, 6:01 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employer under 50 employees

The applicable law for you:

If a CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits.

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Answered on 7/02/08, 7:29 pm


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